Suit challenges new rules on children in federal custody who crossed into US

McALLEN, Texas (AP) —

Two advocacy groups for migrants filed a federal lawsuit Thursday asking the courts to halt new Trump Administration vetting procedures for reuniting children who crossed into the U.S. without their parents, saying the changes are keeping families separated longer and are inhumane.

The lawsuit was filed by the National Center for Youth Law and Democracy Forward in federal court in the District of Columbia. It names the U.S. Department of Homeland Security along with the federal Health and Human Services agency and its Office of Refugee Resettlement and seeks a return to prior reunification procedures.

Critics note the government data shows the average time that the children are held in custody before release by the Office of Refugee Resettlement to their sponsors grew from 37 days in January to over 112 days by March.

In February, the Trump administration changed the way it reviews sponsors who want to care for migrant children in government custody, whether parents or relatives of the minors — or others. More changes followed in March and April when the government started to require identification or proof of income that only those legally present in the U.S. could acquire. Advocates for the families affected are asking a judge to declare the changes unlawful and return the agency to the policies in place before that.

“The government has dramatically increased the burden on families in a way that deeply undermines children’s safety. These policy changes are part of a broader unraveling of a bi-partisan, decades-long commitment to support the best interests of unaccompanied children,” said Neha Desai, a managing director at National Center for Youth Law.

Attorneys said they had heard from families who were moments away from receiving their children back when the rules were abruptly changed. Now, many say they are left waiting indefinitely.

“The administration has reversed years of established children’s welfare protections and replaced them with fear, prolonged detention, and bureaucratic cruelty,” said Skye Perryman, president of Democracy Forward in a statement.

One Mexican woman who spoke to The Associated Press on condition of anonymity because of fears of deportation said she and her 8-year-old son were led to believe repeatedly that they would be reunited, only to find out the new policy changes would derail their plans.

The mother, who arrived first across the border from Mexico, has noticed her son lose hope over the last 11 months, even refusing to unpack after the last time he thought his release from a government-run shelter was imminent.

“He’s seen so many children who have come, leave, and he’s stayed behind,” said the mother, who wasn’t part of the lawsuit.

The Trump administration says it is increasing scrutiny of parents and other sponsors before giving them custody of their children who have crossed the border as unaccompanied minors.

DHS and HHS did not immediately respond to emails from AP seeking comment in response to the lawsuit filed Thursday afternoon.

Similar restrictions were imposed in 2018 under Trump’s first presidency during the rollout of a zero-tolerance policy that separated families and required fingerprinting for all members of a household receiving a child. The administration scaled back the requirements after custody times increased.